MARTEN Et Ux. v. THIES, DIRECTOR OF COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Et Al.
Headline: Court denies parents’ request to resume visits with their prospective adoptive daughter, upholds lower courts’ decision ending their adoptive status and blocking visits while appeals proceed.
Holding:
- Stops parents’ visits while appeals are pending.
- Confirms agencies may remove children without notice when imminent danger is found.
- Prioritizes speedy placement over visitation that delays adoption.
Summary
Background
A husband and wife, Kelly and Kathy Marten, had an infant named Sarah placed with them in 1977 as prospective adoptive parents. They agreed to tell the county adoption agency about major changes. The couple separated in January 1978 and did not inform the agency. The agency learned of the separation, investigated, and concluded Sarah faced imminent danger if the parents were warned; Sarah was removed without prior notice and placed in a foster home. Administrative review, a state trial court, and the California Court of Appeal all upheld the agency’s decision and vacated the parents’ court-ordered visitation.
Reasoning
The Justice was asked to let the parents continue visiting Sarah while their appeal or petition for further review was considered. He found it unlikely that four Members of the Supreme Court would agree to hear the case, and he gave weight to the lower courts’ findings that substantial evidence supported a conclusion of imminent danger. The Court of Appeal also concluded that continued visitation had already delayed placing Sarah in a permanent home and would be detrimental to her, so the Justice declined to restore visits pending further review.
Real world impact
The ruling leaves in place the agency’s removal and the denial of visitation while appeals proceed, prioritizing the child’s immediate safety and timely placement over continued contact with the prospective parents. Because this was a single-Justice denial of a stay and not a full decision on the merits, the outcome could change if the full Court later decides to hear the case.
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